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PEOPLE v. SMITH

No. CA227541.

205 Cal.App.4th Supp. 1 (2012)

140 Cal. Rptr. 3d 379

THE PEOPLE, Plaintiff and Respondent, v. GARRETT SMITH, Defendant and Appellant.

Appellate Division, Superior Court, San Diego County.

April 9, 2012.

Attorney(s) appearing for the Case

Dianna M. Davis for Defendant and Appellant.

Jan I. Goldsmith , City Attorney, Tricia Pummill , Assistant City Attorney, and Steven K. Hansen , Deputy City Attorney, for Plaintiff and Respondent.

OPINION

DATO, P. J.—

(1) Certain crimes, commonly known as "wobblers," can be charged and/or prosecuted as either felonies or misdemeanors. (Pen. Code, § 17, subd. (b)(4) & (5).)1 In this case we deal with what has been colloquially referred to as a "woblette"—a crime that can be charged and/or prosecuted as either a misdemeanor or an infraction pursuant to sections 17, subdivision...

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